Loading...
boa_02 15 1965LITTLE ROCK BOARD OF ADJUSTMENT MINUTES February 15, 1965. MEMBERS PRESENT Scott- Farrell, Chairman W. R. Meeks Cecil Kuehnert MEMBERS ABSENT Maxwell Lyons, II W. H . Ma rak STAFF PRESENT Henry M. de Noble John L.Taylor Louis E. Barber Dorothy Riffel OTHERS PRESENT Perry lrhitmore, Asst. City Attorney Jerry Dhonau, Gazette Reporter 2:00 P. M. There being a Quorum, the meeting was called to order by the Chairman at 2:00 P. M. The minutes of the last meting were approved as mailed. Action was taken on the following items: - Tract No. 1 - Z-876 Applicant: Longview Baptist Church Location: 1723 West 23rd.Street Description: Allof Lots 7, 8, 9, 10, 11, and 12, Block 15,'Flemi"ng and Bradford Addition Classification: "C'I-Two. Family District Variance: Requests a Variance from the Rear Yard Provisions of Section 43-12 of Code of Ordinances to permit construction in Rear Yard Space Mr. W. P.Nabors, Agent, was present to represent this application. There were no objectors present,. Action on this case was- delayed from- last month°s meeting at the request of the Board. A motion was made for par2val of the Variance provided that no Certificate of Occupancy will be issued until the parking lot, properly screened, is provided and curb is repaired os required by Public Works Department, And the posting of a bond to cover cost of construction of the parking lot for a period of twelve months which period shall begin -with -the -initiation of the construction of the building. The motio'n'was seconded and passed unanimously. Board of. Adjustment Minutes - 2715-65 Tract No. 2 - Z-1788 Applicant: Location: Description: Classification: Variance: -2- Marion L. Crist and Associates, Inc. 4324 West Markham Street Lot 7, Block 8, Glendale Addition "E-111 Quiet Business District Requests a Variance from the Front Yard Setback Provisions of Sec. 43-144 4) of the Code of Ordinances to permit an addition to -existing structure; (2) a Variance from the Side Yard Setback Provisions of Section.43-14 of the Code of Ordinances to permit addition to exist- ing structure° 1. Mr. L. S. Woosley was present to represent the.applicant., who -stated -that they would 1 i ke to expand their building to the south. The hx;i � di ng is owned. by Mrs. Lloyd England, and the applicant is her- tenant on- a- 15 ,1-eear lease wi44� }dears left to run. Mrs. England was asked -to release the -tenant from the lease agreement but she refused to do so. They teied_to sublet the building to Messrs. Alexander and Plowman of Weaver and Company.._realtors, and Les Pappan of the United Corporation, and subsequently proposed to Mrs. England that she build another building at another location for their occupancy, which�dec.l i ned to do. As a last resort she agreed to expand this building, which would protrude into the front and side yard space. The space in the rear will be paved for use as additional parking space. Mr. Deftil McCorkle, who owns the property at 4318 West Markham, stated his objection to the use of the front yard space.. He said -.that he did not object to the building being brought out to the same line as the other buildings in the block, but that if the Variance is granted it would block traffic and obstruct the view of his building; that parking conditions..ar-r-crowded there now, and don't think there is enough parking space left to accommodate the flow of traffic. Another objecter filed a letter of protest. A motion was made to defer action on this application, as Mr. Farrell disqualified himself and could not vote, leaving insufficient votes to pass on the request. The motion was seconded and passed. Tract No. 3 - Z-1649 Applicant: Or. Charles W. Fowler Location: 5409 01A11-Street Description: Lot 5, and East 1/2 of Lot 4, Block 10, Pfeifer°s Addition Classification: "C11-Two-family District Variance: Requests a Variance from the Front Yard Open Space Provisions-rf Section 43-21-(H)-(b) of Code of Ordinances to permit parking in Front Yard Space There was no one present to represent -�his,applica-tion, nor any objectors. A motion was made for denial of the Variance which was seconded and passed unanimously. The Board indicated that parking be contained back of the present building line. Board of Adjustment Minutes o 2-15-65 Tract No. 4- ® Z-1781 Applicant: Location: Description: Classification-. Variance-. 030 Farris D. Henry 5904 Stonewall Road Lot 120', Forest Heights Place 01A°1-One®family District Requests a Variance from the Side Yard Provisions of Section 43=12-(3) of the Code of Ordinances to permit construction in Side Yard Space hk Mr. He was present, and there were no objectors. Mr. Henry stated that several weeks ago he applied for a building permit to ends" a back porch (breezeway) and approximately half way through the coxmtructiaw,a: stop -order was issued by the City, and he was told that the -Wage would•• have to be moved to 6 feet from the building. He stated that he didn°t realize that,the garage was any problem as no change is being made in the garage. A motion was made to gaunt the Variance as the garage: i s under a continuation of the same roof for house and breezeway aend-A s-:all one structure. The motion was seconded and passed unanimously. Tract No. 5 ® Z-1337 Applicant: Westover Stills Presbyterian Church Location: Kavanaugh Boulevard at Pine Valley Road Description: Lots 13, 14, 17, 18, 19,, 20, 21 and "All of Westover Hills Addition Classification: "A°1-One-family District Variance: Requests Variances- (1) to permit more than one structure to a lot, (2) permit the ommission of screening on parking lot, (3) to permit less tr�an the required number of parking spaces. This application was withheld by the Staff as the required -notices to adjacent property owners were not mailed by the. applicant, and the case could not be heard until the Proof of Notification notices had been filed with the Department of Community Development. Tract No. 6 ® Z-1783 Applicant: Classic Homes of Little Rock Location: Northwest corner of Ohio and Hughes Street Description: Long Legal Classification: 0°D80=Apartment District Variances: (1) From the Main Structure Provisions to permit more than one main structure: on a lot (2) From the Front Yard Open Space Provi- sions to permit parking in Front Yard Space Mr. E. C. Smith, representing the applicant, stated that the property is zoned `. Board of Adjustment Minutes - 2-15-65 -4- Apartment and didn't know that there would be any cs.jection from the adjacent property owners to this construction. Mr. Charles Rule, 662E Kavanaugh Place was the spokes- man for a number of objectors in the area and filed a petition having 52 signatures. The objections concerned traffic problems primarily, asking for the abandoning of the plan to develop Kentucky Street to the east§ the abaeedonin§cif the east exit onto Hughes Street, and the erection of a privacy wall along Kentucky for the 6700 Block. A motion was made that action be deferred until a development plan is submitted to the Planning Commission for approval in accordance with a'covenant filed as a -condi- tion of rezoning of the property from 61An"Residential to 08D"-Apartment, and any request for Variances would then be referred back to the Board of Adjustment for consideration. The motion was seconded and passed unanimously. Tract No. 7 o Z-1743 Applicants Transportation Properties, inc. Locations 2120 North Mississippi Avenue Descriptions Lot 16 and the East 10 feet of Lot 15, Block 1, Bellevue Additionn Classifications 'IP.- ommercial District Variances Requests a Variance from the Rear Yard Setback Provisions of Section 43-15-(2) of Cade of Ordinances to permit construction in Rear Yard Space Mr. Bob Beal was present representing the applicant who stated that they are trying to.move.the building back to the pr_op.erty line which would make better alignment with other property and would make more parkinng=in front and on the side. Access would be off Mississippi and not Iowa Drive. Mrs. F. E. Bates, who lives directly across the street south from the corner of Mississippi and Iowa was present not as an objector -but wanted to know whether it would be possible to widen Iowa Drive at that point. She feels that this is necessary because the street in only 20 feet wide and large trucks find it difficult to make the turn from Iowa Drive. (Street right-of-way is 50 feet) A motion was made to grant the Variance on rear and side yard requirements subject to installation of cur F gutters ra"inage9 and sidewalks on Mississippi and Street sides of the property and the installation of the appropriate screening on the west and south sides of the property. The motion was seconded and passed unani- mously. Tract No. 8 - Z-1392 Applicants Wm. A. and Janie Bushman Locations 2400 Manney Street Descriptions Lots 13, 14, 15, 16 of Block 13, Bellevue Addition Classifications "D"=Apartment District Variances Requests Variances (1) to permit construction in Rear Yard Space (2) to permit more than one main structure on a lot (3) to permit parking in front yard setback (4) to permit construction in front yard space Board of Adjustment Minutes _2-15-65 -5- A motion was made to reconsider this case, which was seconded and passed unanimously. It was denied at the January 18, 1965 meetir,q. Mr. Lawrence Witherspoon was present representing the applicants, as wellas were five objectors who appeared at the January meeting. Mr. Witherspoon stated that he had made some adjustments to the original development plan which concerned the building lines for Building #5 and #2, widened the drive into the property to increase the turning radius especially for large vehicles such as fire trucks, etc., that 0m garbage and trash collectors would be properly screened as well as meters. The maim objecti-am from adjacent property owners concerned the drainage problem--, which i°n-their apinion would be increased because of this development, and that the required parking space of one to a unit would neat be.sufficient in view -af the fact that most people now have more than- one -car and this would necessitate parking on the street which is not -desirable. The -conceansus -of opinion of the objectors was that the storm sewer was toa-small to carry the water load and that it was not a problem for the individual property -owners alone. A motion was made to defer action on -this request until the March meeting, and that the Board of Adjustment o ficialiy ask the City Manager to request the Public Works Department to make an investigation of the over-all drainage problem in the area.and make a report to the Board at its next meeting and see if something can be worked, out which is- satisfactory to all concerned. At such time as Public Works Department renders its opinion, that it should also make an estimate of the cost that might be involved in the correction of or additionn to this indicated drainage structure. The Board stated that they favor the development plan except with regard to the drainage problem. This motion was seconded and passed unanimously. Tract No. 9 - Z-1787 Applicant: David C. Graham Location: 12400 Northwest Drive Descriptions Lot 33, Walton heights Addition Classification: "All -One -family District Variance: Requests a Variance from the Side Yard Provisions of Section 43-12 of the Code of Ordinances to permit construction irn Side Yard Space Mr. Graham was present and stated that he purchased this horwe from B. G. Coney, Builder, who had constructed the stairway from the kitchen to the backyard area, and that it is the only fire escape from the --upstairs other the main entrance. .He stated that without the stairway they had to carry their garbage and trash through the living room to get outside of the house. He was notified that this was a viola- tion of the City's building code, and he said he would not have bought the house had he known it4 Mr. Graham was informed that construction in the side yard was contrary to the filed Bill of Assurance and that the Board had no jurisdiction in the matter. Chief Warren Cnxnmingsa Fire Marshall, recommended that as more danger exists in the sleeping quarters that the fire escape be provided off the porch on the north side of the structure. Mr. Meeks suggested that the stairway be constructed inside the house. Mr. Graham indicated that he would like to try to get the Bill of Assurance amended. A motion was inade to defer actioq_Lhir11_L days so that Mr. Graham might make an effort to amend the Bill of Assurance. The motion was seconded and passed unanimously. $oard of Adj:ustmw&t Minutes 2-13-65 Tract .Mo,, 10 - z u 13 68 Applicants Locati on s Descriptions CIass i ficati ons Variances -6- Bernard M. ,Henry 0105 West Markham Street' Lot B-. Flenry Bros. Subdivision 11FOI-Commercial District Requests a Variance from the Rear Yard Setback Provisions of Section 43-15 of The Code of Ordinances to permit construction in Rear Yard Space No one was present to represent this application, nor any objectors. A motion was made to grant the Variance providedi that curb, gutter and sidewalks be constructed as has been required on the adjacent property on the east, and That all parking areas be paved. The -motion was seconded and passed unanimously. Tract No. 11 a 2c10 4 App-Ti cant Locations Descriptions Classifications Variances Donald Kirk 8020 West Markham Street Long Legal I'D"-Apartment District Requests Variances as-followss= (1) From the Rear Yard Setback Provisions of Section 43-1342) of the Code of Ordinances to permit construction in Rear Yard Space (2) From the Main Structure Provisions of Section 43-2=(5) of the Code of Ordinances to permit more than one main structure on a lot. mr. 'Sam Reynolds, reactor, representing the applicant was present, and stated that Mr. mirk was -ill and could not attend. Mr. Kirk has bought the property adjacent which was owned.by Mrs. Jacobi of Russellville, and who was an objector when the application was -presented last month due to drainage problems on her property. A motion was made to grant the Variance provided storage structures on rear of the building be removed, appropriate screening be constructed along West Markham Street prior to the issuance of the Certificate of Occupancy and that the applicant post a bond to assure the construction of curb, gutter and sidewalks along West Markham Street at such time as the City performs the widening of West Markham Street. The motion was seconded and passed unanimously. -. Board af- Adjustmaent Minutes - 2-15-65 Tract No. 12 - Z-1780 Applicants L oca ti on s Descriptions Classifications Variances -7- Truet Evans 3424 Potter Street Lot 1, Block 42, John Barrow Addition "B"-Residence District Requests a Variance from the Side Yard Provisions -of Section 43-12-0) of the - Code of Ordinances to permit addition.to existing structure and closing in carport. Mr. Evans was present to represent his application for Variance as stated. He explained that he needs more room for his family now that he has three children in a two bedroww7house. He would like to enclose the carport to make another room, and add a carport in the rear as he has access from the alley. A mativn was made to grant the _Variance as requeated,which was seconded and passed unaimously. RECONSWERATION ITEM - Tract No. 13 - Z-1744 - -Kaeva?!9u,9h and Mci[inlegr_ Streets A motion was made to res:ons-ider the application for Variance which was,originally requested in December, 1964, anO denied by the Board of Adjustment. The motion was seconded and -passed unanimously. The application will be heard again at the March I-5th meeting after proper advertising. Mr. de Noble advised the Board that the Planning Commission has adopted a policy -of charging an additional filing fee in each instance that an application is with- held from the agenda after it had,been advertised to be presented at the public hear- ing for failure of the applicant to perform according to issued instructions, or voluntary withdrawal by the applicInt. Mr. Meeks suggested the adoption of the same policy for the Board of Adjustment cases. Mr. de Noble stated that: a cost survey had been -made of zoning application processing which amounted to $97.00 and the fee now ,being charged is -only $25-.00 and it has been suggested that it should be raised to $75.00. Mr. Meeks instructed Mr. de Noble to prepare a similar cost survey for Board of Adjustment applications and present it to the Board at its next meeting on March 15th. There being no further business, the meeting was adjourned at 5900 P. M. Dorothy J. Riffel, Secretary. Scott rrel , Chairman.